N.H. Admin. Code § Rko 213.09 - Failure of a Party or Intervenor to Attend or Participate in the Hearing

(a) A party or intervenor shall be in default if the party or intervenor:

(1) Has the burden of proof on the issue or issues involved in the adjudicative proceeding;

(2) Has been given notice of the hearing; and

(3) Fails to attend or participate in the hearing.

(b) Unless, based upon the facts of the particular case, the ombudsman concludes that another order is required by law or would better serve the ends of justice:

(1) If a claimant is in default under (a) above and does not file a request that the default be stricken within 10 days of the date of the notice of default, the case shall be dismissed with prejudice;

(2) If a respondent is in default under (a) above and does not file a request that the default be stricken within 10 days of the date of the notice of default, the facts in the case shall be deemed decided in favor of the claimant; and

(3) If an intervenor is in default under (a) above and does not file a request that the default be stricken within 10 days of the date of the notice of default, the intervenor's status as an intervenor shall be deemed revoked.

(c) The ombudsman shall strike a default under (a) above if it appears that the failure to appear or participate was the result of accident, mistake or misfortune, and not:

a. Neglect;

b. An effort to delay the resolution of the case; or

c. Pursuant to RSA 91-A:7-b,IV, a purposeful disregard of orders that were issued during the review process.

(d) If a party or intervenor who does not have the burden of proof on an issue or issues in a case fails to attend or participate in the hearing, the testimony and evidence of any other parties or intervenors shall be received and evaluated by the presiding officer.

Notes

N.H. Admin. Code § Rko 213.09

Derived from Number 19, Filed May 9, 2024, Proposed by #13921, Effective 5/20/2024.